What to Expect During a Divorce in Pennsylvania: A Practical Guide

Divorce Is Hard Enough. Understanding the Process Should Not Be.

If you are considering divorce in Lebanon County, you are probably dealing with a lot at once. Stress, uncertainty, and questions about what comes next. One thing we hear from clients all the time is that they wish someone had explained the process to them clearly, without all the legal jargon.

As divorce lawyers in Lebanon PA, that is exactly what we try to do. This guide walks you through how divorce works in Pennsylvania, what to expect at each stage, and where things tend to get complicated.

Two Paths to Divorce in Pennsylvania

Pennsylvania offers no-fault and fault-based divorce. Most of what we handle is no-fault, which means neither party has to prove wrongdoing. Under no-fault, there are two options:

• Mutual consent: Both spouses sign an affidavit of consent. After a 90-day waiting period, the divorce can be finalized.
• One-year separation: If one spouse does not consent, the other can file after one year of living separately.

Fault-based divorce is still available in Pennsylvania and can sometimes affect property division. Grounds include adultery, cruel treatment, and desertion. Whether fault matters in your case is worth discussing with your attorney before filing a divorce complaint.

The Steps You Will Go Through

Filing the Complaint

The process begins when one spouse files a Complaint in Divorce with the Court of Common Pleas. In Lebanon County, this requires filing with the Court of Common Pleas located in downtown Lebanon. Once filed, the other spouse is formally served, and the clock starts.

The 90-Day Waiting Period

Pennsylvania requires a 90-day waiting period after service before a mutual consent divorce can move forward. We use that time to work on the division of marital property, spousal support arrangements, and custody if children are involved.

Equitable Distribution of Property

Pennsylvania is an equitable distribution state. That does not necessarily mean a 50/50 split of marital assets; it means property is divided equitably based on the circumstances of the marriage, including each spouse’s income, contributions, and the length of the marriage.

Assets you owned before the marriage, or received as a gift or inheritance, are generally considered separate property. However, any increase in value of such property may be considered marital, and if separate assets were mixed with marital funds, the line could blur fast.

Alimony and Support

Pennsylvania courts may award spousal support while the case is pending or alimony after the divorce is finalized. Not every case involves alimony. According to the Pennsylvania General Assembly’s Domestic Relations Code, courts weigh seventeen factors. We go through each one with our clients so there are no surprises.

Child Custody and Support

If children are involved, custody and support may run on a parallel track alongside the divorce. Pennsylvania courts focus on the best interests of the child, looking at each parent’s relationship with the child, the stability of each home, and the child’s own preferences, depending on their age.

Our family law attorneys handle custody matters regularly and can walk you through both legal custody and physical custody arrangements.

What Makes Divorce More Complex in Lebanon County

Lebanon County is a close-knit community. Divorcing spouses often share social circles, churches, or employers, which may add another layer to an already personal process. We also handle many cases where one spouse managed the household while the other built a career, making equitable distribution and alimony especially important to get right.

Business ownership is another area that adds complexity. When one or both spouses own a business, valuing that asset accurately takes time and coordination with financial professionals.

Ready to Talk Through Your Situation?

Our divorce and family law attorneys at Henry & Beaver in Lebanon PA have helped many families through this process. We will give you a clear picture of where things stand and what your options are.

Call us at (717) 274-3644 to schedule a consultation or visit our website.

Frequently Asked Questions

How long does a divorce take in Pennsylvania?

The minimum is 90 days for a no-fault divorce. Many divorces take longer because property, support, and custody matters need to be resolved. Contested divorces may take a year or more.

Do I need a divorce lawyer in Lebanon, PA?

You can represent yourself, but divorce involves binding financial and legal decisions. Even in uncontested cases, having an attorney review your settlement agreement can protect you from terms that create problems down the road.

What is the difference between legal separation and divorce in Pennsylvania?

Pennsylvania does not have a formal legal separation status. Spouses can live separately without a court order but remain legally married until a divorce decree is entered. A support order can be put in place during that time.

How is property divided in a Pennsylvania divorce?

Through equitable distribution. The court divides marital property fairly based on the length of the marriage, each spouse’s finances, contributions made during the marriage, and other factors set forth by statute. Separate property, such as assets owned before the marriage or received as gifts, generally stays with the original owner.

Can I get alimony in my Pennsylvania divorce?

Possibly. Pennsylvania courts weigh seventeen statutory factors, including the length of the marriage and each spouse’s earning capacity. Alimony is not automatic. We can assess whether it applies to your case.

How does child custody work during a divorce in Lebanon, PA?

Custody is determined based on the best interests of the child. Courts look at each parent’s relationship with the child, the stability of each home, and the child’s preferences if they are old enough. Custody and support are addressed separately from the divorce decree but typically run on the same timeline.

What if my spouse does not want a divorce?

You still have a path forward. Pennsylvania law allows you to file for divorce after one year of living separately, without the other spouse’s consent.

About the Author

Heather A. Eggert | Attorney, Henry & Beaver LLP

Lebanon, PA | Criminal Defense, Family Law & Civil Litigation 

Heather A. Eggert joined Henry & Beaver LLP in 2012. She works in a broad range of practice areas, including criminal law, personal injury, general civil litigation, and family law. She is a member of the American, Pennsylvania, and Lebanon County Bar Associations, and is admitted to practice in Pennsylvania. Born and raised in Lebanon, Attorney Eggert is the former President of the Lebanon County Bar Association and is a member of the board of directors of the Lebanon Federal Credit Union. She volunteers with various community and civic organizations, including the Kiwanis Club of Lebanon, the Community of Lebanon Association, the Lebanon County Reentry Coalition, and F.O.R.E. (Finding Opportunities in Reentry Program).

Attorney Eggert was the 2016 William H.G. Warner Pro Bono Award Winner for all her pro bono work and service in her community. She was selected as a Super Lawyer: Rising Star in the area of personal injury law every year since 2020. Attorney Eggert continues to combine her legal experience with a strong sense of community involvement, delivering thoughtful representation to those she serves.